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Intellectual property in government contracts : protecting and enforcing IP at the state and federal level

"State and national governments often meet their technologically-intensive needs by entering into contracts and financing deals with private companies. These contracts, and the complex rules that accompany them, have elevated the risk of intellectual property loss for private-sector contractors. Intellectual Property in Government Contracts, Second Edition provides a comprehensive appraisal of United States federal procurement laws relating to intellectual property, plus a detailed survey of state procurement rules and a comparison of the approaches adopted by the European Union and other industrialized countries. It provides strategic guidance for the protection of IP in government contracts, and the various ways to enforce IP rights in the event of government violation. Written by knowledgeable and highly-experienced professionals in the field, this book offers detailed advice and commentary concerning strategies, opportunities, and traps for the unwary. This book assists attorneys on both sides of the equation to approach government deals with the dual objectives to maximize the tremendous upside potential while protecting IP rights. This Second Edition has been comprehensively updated, rewritten, and revised to reflect new developments in federal intellectual property and procurement law over the last 3 years. It includes considerably expanded coverage of civilian agencies"--Provided by publisher.Read more...

Abstract:

Rev. ed. of: Intellectual property in government contracts: protecting and enforcing IP at the state and federal level / James G. McEwen, David S. Bloch, Richard M. Gray. c2009.Read more...

Reviews

Editorial reviews

Publisher Synopsis

And it is for all advisers requiring not only solid information and informed commentary, but a transatlantic perspective on those intellectual property issues which straddle the public and private sectors. Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersRead more...

Protecting IP rights....

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Fundamentally, it’s innovation which keeps markets and economies moving. Britain and America, especially America are the prime examples of that! As the four expert authors of this insightful book, now in a second edition, point out: ‘cutting edge technology is a driving force behind America’s sustained economic growth;’ despite cyclical or systemic fluctuations in that nation’s economic health, we would venture to add.

Enter the almost symbiotic relationship between the public and private sectors in the United States discussed in detail in this book on intellectual property rights.From 2006, for example, the US Government was and no doubt still is ‘the world’s largest consumer of goods and services; the aggregate spending of the 50 States not far behind.’

If one could simplify this ongoing private-public sector relationship, it would be to point out that the US Government has a continuing need for the research, the technologies and the products and services initiated and produced by the private sector. The authors cite the DoD (Department of Defense), the Department of Energy (DoE) and NASA as examples of research-intensive government agencies which in their words, ‘have started to rely on the private sector to provide the latest and greatest available technologies.’

All this of course impacts on procurement process in general and on government contracts in particular.The book, therefore, as the publishers have put it, has embarked on ‘a comprehensive appraisal of the intellectual property implications of state and federal procurement programs in the United States’

Now in a new second edition from OUP, the book provides a wealth of updated examination and analysis of the rules and strategies for handling government use of private sector IP rights – and sometimes their misuse. New developments that have emerged over the last three years (since the first edition was published) are included.

Yes, the book is American, but the issues and problems it raises in the arena of protecting and enforcing clients’ intellectual property rights are applicable globally, particularly to mixed economies like that of the UK.

More or less half the book concentrates on issues relating to federal procurement practices and the like.The latter half, in a lengthy and final chapter, deals individually with each on the 50 states in turn, from Alabama and Alaska to Virginia, Washington and the District of Columbia, covering such areas as intellectual property laws, procurement laws, technology transfer and sovereign immunity waivers.

With some 20 pages of cases and a detailed index at the back, this copiously footnoted work of scholarship should be required reading for American IP lawyers, not to mention UK practitioners.

And it is for all advisers requiring not only solid information and informed commentary, but a transatlantic perspective on those intellectual property issues which straddle the public and private sectors.The publication date is cited as at 2012.

""State and national governments often meet their technologically-intensive needs by entering into contracts and financing deals with private companies. These contracts, and the complex rules that accompany them, have elevated the risk of intellectual property loss for private-sector contractors. Intellectual Property in Government Contracts, Second Edition provides a comprehensive appraisal of United States federal procurement laws relating to intellectual property, plus a detailed survey of state procurement rules and a comparison of the approaches adopted by the European Union and other industrialized countries. It provides strategic guidance for the protection of IP in government contracts, and the various ways to enforce IP rights in the event of government violation. Written by knowledgeable and highly-experienced professionals in the field, this book offers detailed advice and commentary concerning strategies, opportunities, and traps for the unwary. This book assists attorneys on both sides of the equation to approach government deals with the dual objectives to maximize the tremendous upside potential while protecting IP rights. This Second Edition has been comprehensively updated, rewritten, and revised to reflect new developments in federal intellectual property and procurement law over the last 3 years. It includes considerably expanded coverage of civilian agencies"--Provided by publisher."@en